夫妻财产争议与离婚案件拆分审判探析

Discussion on Separating Property Division Disputes from Divorce Cases in Civil Trial

长期以来,人民法院审理离婚案件时,习惯于一并解决离婚争议和财产分割及子女抚养问题。但是,近年来,司法实践中出现了当事人仅起诉要求离婚的案件。对此,人民法院可否采取拆分审理模式,分案审理离婚争议和夫妻财产争议,在实践中有不同意见。将夫妻财产争议与离婚争议分案审理,在法律上并无不妥,在某些情形下更利于快捷、公平地解决当事人的争议,具有补充合并审理模式的功能和价值。故在立法上应明确人民法院对离婚案件中的财产争议可另案单独审理,并对分案审理模式的定位、标准、管辖、诉讼衔接等问题进行明确规范。

Divorce cases were used to be adjudicated by the court including the problems of divorce disputes, divorcing property division and children care. However, some eases which are only raised as divorce prosecution by parties emerge on judicial practice in recent years. Withal, there are different opinions in whether the court can hear divorce dispute and property dispute separately. There is no incorrectness in law to decompose the trial as two parts, divorce dispute and property dispute, by which may supplement the functions and values of joined trial and settle disputes more quickly and fairly to some extent. Therefore, marital property disputes may adjudicated separately from divorce disputes by people＇s court should be clearly stipulated in legislation, including the issues of the location, standard,jurisdiction and lawsuit cohesion of split trial mode.